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Contract vs terms and conditions
Thread poster: Angel_7

Angel_7  Identity Verified
United Kingdom
Local time: 17:25
French to English
+ ...
Mar 14, 2006

I have typed out terms and conditions I would like all new clients to agree to and sign. What is the difference between this and a contract, and what should a contract look like?

Sarah


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Angela Arnone  Identity Verified
Local time: 18:25
Member (2004)
Italian to English
+ ...
Edited post to avoid confusion Mar 14, 2006

See below

[Edited at 2006-03-15 12:12]


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Angel_7  Identity Verified
United Kingdom
Local time: 17:25
French to English
+ ...
TOPIC STARTER
Terms and conditions Mar 14, 2006

Angela

I would prefer if clients only have to sign my terms and conditions once, i.e. even if they use me more than once. Isn't a contract something different, that you sign for each job detailing the exact requirements for that particular job?

Sarah


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telefpro
Local time: 22:55
Portuguese to English
+ ...
semantics Mar 14, 2006

You may have terms and conditions set out and yet not have a contract.
Contract is legal agreement and the terms and conditions define its contours, so to say.


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Angela Arnone  Identity Verified
Local time: 18:25
Member (2004)
Italian to English
+ ...
Edited post to avoid confusion Mar 14, 2006

Edited post to avoid confusion ... I'm in Italy so perhaps we are talking at cross purposes and it's better avoid that!
Angela

[Edited at 2006-03-15 12:11]


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Katherine Mérignac  Identity Verified
France
Local time: 18:25
Member (2004)
French to English
Sign once and for all? Mar 14, 2006

Hi Sarah,

I understand what you mean - while I don't want to alienate clients by being too heavy with signed contracts for each project, I do want to feel that I have some kind of protection.

I don't know if this has any legal worth, but I have a 'Translation Agreement' that I ask clients to sign the first time I work with them, and at the end of the Agreement is the mention "All goods and services are provided subject to the translator’s terms and conditions", which I make sure the client also has access to. I am (maybe naively) hoping that when a client has signed for the mention "ALL goods and services", this may apply to future translations. It helps me sleep at night. If any lawyers are following this post, I'd be interested to hear what they think!

K.


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telefpro
Local time: 22:55
Portuguese to English
+ ...
Again Mar 15, 2006

Angela Arnone wrote:

A contract can cover say a year or six months in which you undertake to provide translations at agreed rates or under specific circumstances.
I don't know if anyone will sign your Terms and Conditions - it's generally the other way around - the provider signs the client's terms!
Angela


Sarah390 wrote:

Angela

I would prefer if clients only have to sign my terms and conditions once, i.e. even if they use me more than once. Isn't a contract something different, that you sign for each job detailing the exact requirements for that particular job?

Sarah


You see, things are getting legalese. Terms and conditions are mutually binding. One ( I avoided using you - which also can mean one ) does not sign on dotted lines.


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Sara Freitas
France
Local time: 18:25
French to English
Katherine, Mar 15, 2006

I do exactly the same thing. I think it is just fine. New clients sign once and each quote has a line that refers back to the T+C. I do this for any new direct client that comes my way, along with up-front payment on the first job if I feel they are a credit risk.

I don't do this with agencies. The ones I work with either have their own or payment dates are mentioned on their PO or there's a long enough relationship there that we just e-mail all requests.

Sara

[Edited at 2006-03-15 07:13]


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Angela Arnone  Identity Verified
Local time: 18:25
Member (2004)
Italian to English
+ ...
Edited post to avoid confusion Mar 15, 2006

Edited post to avoid confusion ... I'm in Italy so perhaps we are talking at cross purposes and it's better avoid that!
Angela

[Edited at 2006-03-15 12:11]


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Katherine Mérignac  Identity Verified
France
Local time: 18:25
Member (2004)
French to English
Thanks Sara! Mar 15, 2006

Hi Sara,

The fact that you do much the same thing is very reassuring!

K.


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